DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4928-08
20 February 2009
This is in reference to your application for correction of your naval
record pursuant to the provisions of title 10 of the United States
Code, section 1552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
19 February 2009. Your allegations of error and injustice were
reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board. Documentary material
considered by the Board consisted of your application, together with
all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies.
After careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 7 August 1981, you reenlisted in the Navy at age 27 after two
prior periods of honorable service in the Navy. On 25 April 1983,
you had nonjudicial punishment (NJP) for use of marijuana. You were
also counseled regarding deficiencies in your performance and conduct
and warned that further infractions could result in disciplinary
action or an other than honorable (OTH) discharge. On 16 May 1983, a
medical evaluation stated that you chronically abused marijuana. On
2 June 1983, you had NUP for disrespect and two instances of willful
disobedience of a lawful order. On 6 June 1983, you received a
substance abuse evaluation that found that you were psychologically
dependent on marijuana, but were not amenable to treatment because
you wanted to continue using marijuana.
On 7 June 1983, your commanding officer initiated administrative
separation by reason of misconduct due to drug abuse. In connection
with this processing, you acknowledged that separation could result
in an OTH discharge and waived the right to have your case heard by
an administrative discharge board (ADB). On 28 June 1983, the
separation authority approved the discharge recommendation and
directed an OTH discharge by reason of misconduct due to drug abuse.
On 8 July 1983, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your prior
periods of honorable service, and desire for a better discharge.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due to
your misconduct. The Board also noted that you waived the right to
have your case heard by an ADB, your best opportunity for retention
or a more favorable characterization of service. Therefore, the
Board concluded that the discharge was proper as issued and no change
is warranted. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished upon
request.
The Board noted that as a result of your prior periods of honorable
service, you may be eligible for veterans' benefits. You should
contact the nearest office of the Department of Veterans Affairs if
you desire clarification about your eligibility for those benefits.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the Board
reconsider its decision upon submission of new and material evidence
or other matter not previously considered by the Board. In this
regard, it is important to keep in mind that a presumption of
regularity attaches to all official records. Consequently, when
applying for a correction of an official naval record, the burden is
on the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
W. DEAN PFE
Executive Di
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